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HomeMy WebLinkAboutWLC Architects Inc; 2018-09-12; PSA19-509TRANPSA19-509TRAN City Attorney Approved Version 9/27/16 1 of 5 AMENDMENT NO.3 TO AMEND THE AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC. This Amendment No.3 is entered into and effective as of the ______ day of ______________________________, 2020, amending the agreement dated September 12, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and WLC Architects, Inc., (“Contractor") (collectively, the “Parties”) for architectural and engineering design services for Fire Station No. 4 Addition. RECITALS A.On May 13, 2019, the Parties executed Amendment No. 1 to the Agreement to add a scope of work for environmental studies; and B.On February 6, 2020, the Parties executed Amendment No. 2 to the Agreement to correct the city signatory name on the Agreement and to extend the Agreement term for eighteen (18) months; and C.The Parties desire to alter the Agreement’s scope of work to include landscape architectural services; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed two hundred and fifty-two thousand, four hundred and sixty-nine dollars ($252,469). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed fifteen thousand, nine hundred dollars ($15,900). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by October 4, 2021. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. DocuSign Envelope ID: 21BA69A1-D79D-4B3D-8ACE-6CFF9523546D March 2nd PSA19-509TRAN City Attorney Approved Version 9/27/16 2 of 5 5.All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6.The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR WCL ARCHITECTS, INC. a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager James P. DiCamillo, President (print name/title) ATTEST: By: (sign here) For Barbara Engleson, City Clerk Kelley Needham, Secretary & CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 21BA69A1-D79D-4B3D-8ACE-6CFF9523546D PSA19-509TRAN City Attorney Approved Version 9/27/16 3 of 5 EXHIBIT “A” SCOPE OF SERVICES AND FEE I Landscape Architectural Services 1.Coordination and Review $1,505 2.Conceptual Phase $1,410 3.Construction Documents $8,545 4.Construction Phase $3,140 Sub-total $14,600 Contingency for 2 site trips at $650/trip $1,300 TOTAL $15,900 DocuSign Envelope ID: 21BA69A1-D79D-4B3D-8ACE-6CFF9523546D February 10, 2020 Mr. Steven Stewart Municipal Projects Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Request for Additional Services - Landscape Architecture Fire Station 4 Remodel and Addition City of Carlsbad Project 1819500.06 Dear Mr. Stewart, Attached please find a proposal from Cornerstone Studios for landscape architectural services on the above referenced project. It is our understanding that the City would like to replace the existing planting and irrigation. Mr. Stewart, please let us know how you would like to proceed in regard to this matter. If you should have any questions or require any additional information, please do not hesitate to contact me at any time. Very truly yours, KELLEY NEEDHAM Architect, AIA Principal KN:gs\P01819500x3-ltr Attachment: Proposal from Cornerstone Studios dated February 6, 2020 cc: Stephanie Quintero, Director of Accounting, WLC Architects, Inc. 4 of 5 PSA19-509TRAN DocuSign Envelope ID: 21BA69A1-D79D-4B3D-8ACE-6CFF9523546D 5 of 5 PSA19-509TRAN DocuSign Envelope ID: 21BA69A1-D79D-4B3D-8ACE-6CFF9523546D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/27/2019 Dealey,Renton &Associates790EColoradoBlvd,#460Pasadena,CA 91101Lic#0020739 Marie Swaney 626-844-3070 mswaney@dealeyrenton.com Berkley Insurance Company 32603 WLCARCHIT Valley Forge Insurance Company 20508WLCArchitects,Inc.8163 Rochester Ave.,Suite 100RanchoCucamonga,CA 91730909987-0909 Continental Casualty Company 20443 National Fire Insurance Co of Hartford 20478 154225854 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Inlcuded 1,000,000 2,000,000 X Y Y 6021471764 4/1/2019 4/1/2020 2,000,000 B included X X Y Y 6021471764 4/1/2019 4/1/2020 C X X 5,000,000Y60453264864/1/2019Y 4/1/2020 5,000,000 X 10,000 D XY60462985094/1/2019 4/1/2020 1,000,000 1,000,000 1,000,000 A ProfessionalLiability AEC902853203 4/1/2019 4/1/2020 $2,000,000$4,000,000 Per ClaimAnnualAggregate Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.AM Best's Rating for all policies is A/XII or greater.Umbrella Policy is follow-form and extends to underlying Policies:GL/Auto Liability/Employers Liability.RE:PSA19-509TRAN,AEDS Fire Station #4 --The City of Carlsbad,its directors,officials,officers,employees,agents and volunteers are named asadditionalinsuredasrespectsgeneralandautoliabilityasrequiredperwrittencontractoragreement.CANCELLATION:30 day Notice of cancellation will begiventothecertificateholder. 30 Day Notice City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesPOBOX4668-ECM #35050NewYorkNY10163-4668 SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.20020006460214717644816Policy Number: 6021471764 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Businessowners Liability Conditions Duties In The Event of Occurrence,Offense,Under ,the condition entitled Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.D.2.Except as provided for in paragraph below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.Other InsuranceWithrespectonlytotheinsuranceprovidedbythisendorsement,the condition entitled of the BUSINESSOWNERS COMMON POLICY CONDITIONS 2.3.is amended to delete paragraphs and and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.Business LiabilityWhenthisinsuranceisexcess,we will have no duty under insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.Transfer of Rights of Recovery Against Others to Us BUSINESSOWNERS COMMONTheconditionentitledofthe POLICY CONDITIONS 2.is amended to deleted paragraph and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 46298509 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 45 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 04/01/2017Endorsement Expiration Date: © Copyright CNA All Rights Reserved. PSA19-509TRAN City Attorney Approved Version 1/30/13 1 of 2 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2020, extending the agreement dated September 12, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and WLC Architects, Inc., (“Contractor") (collectively, the “Parties”) for Architectural and Engineering Design Services for Fire Station No. 4 Addition. RECITALS A. The Parties have continuously performed, and continued to perform, under the Agreement, although the City signatory to Amendment No. 1 lacked proper authority to sign; and B. The Parties desire to ratify Amendment No. 1 to the Agreement, retroactive to May 13, 2019; and C.The Parties desire to extend the Agreement for a period of eighteen (18) months. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.Amendment No. 1 to the Agreement is hereby ratified, retroactive to May 13, 2019. 2 The Agreement, as may have been amended from time to time, is hereby extended for a period of eighteen (18) months ending on October 4, 2021. 3.All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4.All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 5.The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. /// /// DocuSign Envelope ID: 81D00D78-6C65-4152-BBF6-996519D61D2D February 6th PSA19-509TRAN City Attorney Approved Version 1/30/13 2 of 2 CONTRACTOR WCL ARCHITECTS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Scott Chadwick, City Manager James P. DiCamillo/President (print name/title) ATTEST: By: (sign here) for Barbara Engleson, City Clerk Kelley Needham/Secretary & CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 81D00D78-6C65-4152-BBF6-996519D61D2D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/27/2019 Dealey,Renton &Associates790EColoradoBlvd,#460Pasadena,CA 91101Lic#0020739 Marie Swaney 626-844-3070 mswaney@dealeyrenton.com Berkley Insurance Company 32603 WLCARCHIT Valley Forge Insurance Company 20508WLCArchitects,Inc.8163 Rochester Ave.,Suite 100RanchoCucamonga,CA 91730909987-0909 Continental Casualty Company 20443 National Fire Insurance Co of Hartford 20478 154225854 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Inlcuded 1,000,000 2,000,000 X Y Y 6021471764 4/1/2019 4/1/2020 2,000,000 B included X X Y Y 6021471764 4/1/2019 4/1/2020 C X X 5,000,000Y60453264864/1/2019Y 4/1/2020 5,000,000 X 10,000 D XY60462985094/1/2019 4/1/2020 1,000,000 1,000,000 1,000,000 A ProfessionalLiability AEC902853203 4/1/2019 4/1/2020 $2,000,000$4,000,000 Per ClaimAnnualAggregate Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.AM Best's Rating for all policies is A/XII or greater.Umbrella Policy is follow-form and extends to underlying Policies:GL/Auto Liability/Employers Liability.RE:PSA19-509TRAN,AEDS Fire Station #4 --The City of Carlsbad,its directors,officials,officers,employees,agents and volunteers are named asadditionalinsuredasrespectsgeneralandautoliabilityasrequiredperwrittencontractoragreement.CANCELLATION:30 day Notice of cancellation will begiventothecertificateholder. 30 Day Notice City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesPOBOX4668-ECM #35050NewYorkNY10163-4668 SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.20020006460214717644816Policy Number: 6021471764 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Businessowners Liability Conditions Duties In The Event of Occurrence,Offense,Under ,the condition entitled Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.D.2.Except as provided for in paragraph below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.Other InsuranceWithrespectonlytotheinsuranceprovidedbythisendorsement,the condition entitled of the BUSINESSOWNERS COMMON POLICY CONDITIONS 2.3.is amended to delete paragraphs and and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.Business LiabilityWhenthisinsuranceisexcess,we will have no duty under insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.Transfer of Rights of Recovery Against Others to Us BUSINESSOWNERS COMMONTheconditionentitledofthe POLICY CONDITIONS 2.is amended to deleted paragraph and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 46298509 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 45 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 04/01/2017Endorsement Expiration Date: © Copyright CNA All Rights Reserved. PSA19-509TRAN City Attorney Approved Version 9/27/16 1 of 7 AMENDMENT NO.1 TO AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC. This Amendment No. 1 is entered into and effective as of the ______ day of ______________________________, 2019, amending the agreement dated September 12, 2018 (the “Agreement”) by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and WLC ARCHITECTS, INC. (“Contractor") (collectively, the “Parties”) for Architectural and Engineering Design Services for Fire Station No. 4 Addition. RECITALS A. The Parties desire to alter the Agreement’s scope of work to include some environmental studies; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this Amendment, the total annual Agreement amount shall not exceed two hundred thirty-six thousand, five hundred sixty-nine dollars ($236,569). 2. City will pay Contractor for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-exceed ten thousand, six hundred and forty-nine dollars ($10,649). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit “A” by March 12, 2020. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C 13th May PSA19-509TRAN City Attorney Approved Version 9/27/16 2 of 7 6.The individuals executing this Amendment and the instruments referenced in it onbehalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California WLC ARCHITECTS, INC. a California Corporation By: By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (sign here) James P. DiCamillo, President (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney Kelley Needham, Corporate Secretary/CFO DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C ACTION AND RESOLUTION BY THE BOARD OF DIRECTORS OF WLC ARCHITECTS, INC. A CALIFORNIA COPORATION All of the Board of Directors of WLC Architects, Inc., desiring to ensure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and all contracts executed by such authorized individuals, have been approved by the Board of Directors of WLC Architects, Inc., held a meeting on April 1, 2019. The Board of Directors, following a review of the foregoing matter, and upon motion made and seconded, hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that the individuals listed below are hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit WLC Architects, Inc. to any and all contracts executed by and between WLC Architects, Inc. and any other contracting party. Authorized Individuals: James P. DiCamillo, President Kelley Needham, Corporate Secretary/Chief Financial Officer Max Medina, Vice President Kevin MacQuarrie, Chairman of the Board of Directors BOARD OF DIRECTORS Date: April 1, 2019 JAMES P. DiCAMILLO President ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: April 1, 2019 KELLEY NEEDHAM Corporate Secretary DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C PSA19-509TRAN City Attorney Approved Version 9/27/16 3 of 7 EXHIBIT “A” SCOPE OF SERVICE AND FEE DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C April 15, 2019 Mr. Steven Stewart Municipal Projects Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Request for Additional Services - Environmental Documentation Fire Station 4 Remodel and Addition City of Carlsbad Project 1819500.06 Dear Mr. Stewart, Attached please find a proposal from Chambers Group on additional environmental studies on the above referenced project. It is our understanding that the City is immediately interested in Tasks 1 and 2. The additional fee for these items is $10,649.00. Mr. Stewart, please let us know how you would like to proceed in regard to this matter. If you should have any questions or require any additional information, please do not hesitate to contact me at any time. Very truly yours, KELLEY NEEDHAM Architect, AIA Principal KN:br\P01819500x2-ltr Attachment: Proposal from Chambers Group dated April 9, 2019 cc: Stephanie Quintero, Director of Accounting, WLC Architects, Inc. APPENDIX "A"PSA19-509TRAN 4 of 7 DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C Proposal: Carlsbad Fire Station WLC Architects Kelley Needham, Architect, AIA, Principal WLC Architects 8163 Rochester Avenue, Suite 100 Rancho Cucamonga, CA 91730 Site: Carlsbad Fire Station, Carlsbad, San Diego, CA Dear Kelley Needham, CHAMBERS GROUP April 9, 2019 CGI Project# 21148, Change Order #1 Chambers Group, Inc. (Chambers Group) is pleased to provide this scope of work and cost proposal to WLC architects for additional services including an updated vegetation map, a least Bell's vireo protocol-level focused survey (Vireo be/ii pusillus), and an optional nesting bird survey for the construction of Fire Station 4 in Carlsbad, California. The scope of work for the biological services is provided below. Scope of Work Chambers Group, Inc. (Chambers Group) can commence work on this project as soon as we receive written notice to proceed. We will accomplish the scope of work as described below. Task I: Updated Vegetation Map Chambers Group will create an updated vegetation map documenting the vegetation communities that are present within the proposed project area. This updated map will include a revised riparian habitat boundary to match the provided kmz, a SO-foot riparian buffer, parcel boundaries, and HMP preserve boundaries. Task 2: Least Bell's Vireo Survey and Memo Report Chambers Group's permitted biologists (current USFWS Section l0a/la recovery permittee) will conduct focused surveys for least Bell's vireo (LBVI) according to the Least Bell's Vireo Survey Guidelines (USFWS 2001). The appropriate USFWS field office will be notified 15 days prior to surveys. The surveys will be conducted between April 10 and July 31. Within this timeframe, eight (8) LBVI surveys will be conducted no less than ten days apart from one another. Taped vocalizations will not be used to determine the presence/absence of LBVI. Surveys will be conducted along the outskirts of the riparian corridor, listening to calls and utilizing binoculars to identify vireos, pairs, behaviors, territory, and potential nest locations. If a LBVI is identified, Chambers Group will notify the WLC architects within 24 hours. Complete bird lists will be maintained for each survey day. Other data and information pertinent for LBVI and other sensitive species incidentally observed will be recorded. The locations of the target species and other sensitive riparian species and/or their nests will be documented in field notes and/or approved data sheets, recorded with a handheld GPS, mapped onto high-resolution aerial photographs, and photographed, as practicality allows. Observed territories of the vireos will be drawn directly onto high-resolution aerial photographs on each survey, resulting in a comprehensive territory map at the close of the season. These territory maps will then be transcribed using GIS software. A report summarizing the results of these surveys will be submitted to the WLC architects and the USFWS within 45 days following completion of the surveys for LBVI. The Draft Report will include the total numbers and age classes of all target species encountered within the survey area. Chambers Group will provide mapped locations of all individuals from digitized GIS data. The report will contain up to 15 pages of text and 20 pages of appendices and graphics, including figures and tables. Chambers Group will incorporate one round of comments from the WLC architects into a Final Report itll� 1 I �·�t CHAMBERS',//\� GROUP CGI Project# 21148, Cha�wW.erfa,i1ibersgrcupirc.con- APPENDIX "A"PSA19-509TRAN 5 of 7 DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C Proposal: Carlsbad Fire Station WLC Architects CHAMBERS GROUP within 10 business days of receipt of comments on the Draft Report. The final report will be submitted to the WLC architects and USFWS. Optional Task 3: Nesting Bird Survey and Memo Report Chambers Group biologists will conduct one pre-construction survey for nesting birds protected by the Migratory Bird Treaty Act and California Department of Fish and Wildlife Codes 3503 and 3503.Swithin the proposed project area and will include a buffer area of 300-feet for passerines and up to 500 feet for raptors, where feasible. The survey will be conducted no more than one week prior to vegetation removal/ground disturbing activities, if these activities are scheduled during bird breeding season (approximately February 15 through August 31). The qualified biologists will survey all suitable nesting habitat within the proposed project area, including native and non-native vegetation, disturbed lands, and developed structures with suitable nesting habitat. Binoculars will be utilized in areas not safely accessible by foot, and areas of private property. Evidence of nesting birds within the Project area and surrounding buffer area will be documented with digital photographs and GPS coordinates will be provided. Chambers Group will immediately notify WLC architects if any nests are located within the Fire Station 4 work area or in the buffer area. Chambers will consult with WLC architects to advise of any specific actions are required as a result of the survey After completing the pre-construction nesting bird survey, Chambers Group will prepare a memo report. The report will summarize the results of the surveys and will include current photographs and maps documenting existing site conditions and the location of any nesting birds that may be present. The locations of nesting birds will be mapped, and corresponding GPS coordinates will be recorded. The report will include up to three graphics including a vicinity map, nesting bird location map (if needed), and photographs of the site. The report will contain up to 10 pages of text including appendices. Details on the schedule of deliverables are found below. Costs The services described in each task will be performed on a lump sum basis. The costs for each task are shown below. Task 1 Updated Vegetation Map: Task 2 Least Bell's Vireo Survey and Memo: Total Cost without Optional Tasks= $10,649 Optional Task 3 Nesting Bird Survey and Memo: Total Cost with Optional Tasks= $12,581 Schedule $369.00 $10,280 $1,932 Chambers Group may begin the survey efforts upon receiving Notice to Proceed from WLC architects, under favorable weather conditions. �·''� 2 i ("'� CHAMBERS',/I\� GROUP CGI Project# 21148, Cha��tvWBffa,tibersgrcupinc.con- APPENDIX "A"PSA19-509TRAN 6 of 7 DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C Proposal: Carlsbad Fire Station WLC Architects CHAMBERS GROUP •Chambers Group will provide USFWS with the 15-day notification for the least Bell's vireo survey within 5 days or receiving the NTP from WLC architects.•Email updates will be provided within 24 hours if an active nest or sensitive species is observed during the surveys.•The draft nesting bird survey report will be provided within one week of completion of surveys. The final report will be submitted within 3 days of receiving final comments.•The draft 45-day least Bell's vireo report will be provided within 30 days of survey completion. Chambers Group will submit the final report to WLC architects and USFWS within 10 days of receiving final comments. Technical Assumptions •Based on the site location and size of survey area, one survey day for one biologist will be needed for Optional Task 3. •Task 3 does not include a Nesting Bird Management Plan or Nest Buffer Reduction Plan. If required prior to construction, Chambers Group will be pleased to provide these services under a separate change order. •Eight survey days for one biologist will be needed for Task 2. This includes ODCs including vehicle, travel time, and survey equipment. •This task does not include protocol-level surveys for listed or otherwise sensitive species other than least Bell's vireo. If required, Chambers Group will be pleased to provide these services under a separate cost and scope of work. •Additional meetings, agency consultations, permitting and additional sensitive species memos are not included in this scope of work. If required, Chambers Group will be pleased to provide these services under a separate cost and scope of work. •The cost and schedule are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by agency coordination needs and other circumstances. Chambers Group will endeavor to perform the services and accomplish the objectives within the costs and schedule; however, if the scope of work or schedule changes, Chambers Group reserves the right to revise our costs accordingly. •WLC architects will provide Chambers Group with copies of all known documentation relating to the physical or other conditions concerning the project site within five working days after WLC architects has given authorization to proceed. It is assumed that Chambers Group can use and rely on the data and information contained in those documents. Chambers Group will not perform a technical review of these documents and will not be responsible for the content or accuracy of these studies. •GIS data must be submitted in one of the following formats: (1) All ESRI, AutoCAD compatible; (2) AutoCAD (.dwg or .dxf); or (3) Microstation (.dgn). Acceptable image formats include: (1) TIF, (2) JPG (J-Peg), (3) SID (Mr. Sid), and (4) ECW. If WLC Architects cannot export data to one of these formats and it is necessary for Chambers Group to translate the file into a different format, the additional time will be billed on a time-and-materials basis. •Chambers Group assumes that, by receipt of notice to proceed, full access to the property will be provided, including keys to locked gates. Should Chambers Group staff be denied access to the property at the time prearranged, the additional costs incurred by our staff will be billed separately on a time-and-materials basis. �ti/� 3 � ('1 CHAMBERS',I/\� GROUP CGI Project# 21148, Cha��tv(tf��alf-hersgrcupinc.com APPENDIX "A"PSA19-509TRAN 7 of 7 DocuSign Envelope ID: 5E48DBF7-7E3B-401E-A514-8A633547406C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/27/2019 Dealey,Renton &Associates790EColoradoBlvd,#460Pasadena,CA 91101Lic#0020739 Marie Swaney 626-844-3070 mswaney@dealeyrenton.com Berkley Insurance Company 32603 WLCARCHIT Valley Forge Insurance Company 20508WLCArchitects,Inc.8163 Rochester Ave.,Suite 100RanchoCucamonga,CA 91730909987-0909 Continental Casualty Company 20443 National Fire Insurance Co of Hartford 20478 154225854 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Inlcuded 1,000,000 2,000,000 X Y Y 6021471764 4/1/2019 4/1/2020 2,000,000 B included X X Y Y 6021471764 4/1/2019 4/1/2020 C X X 5,000,000Y60453264864/1/2019Y 4/1/2020 5,000,000 X 10,000 D XY60462985094/1/2019 4/1/2020 1,000,000 1,000,000 1,000,000 A ProfessionalLiability AEC902853203 4/1/2019 4/1/2020 $2,000,000$4,000,000 Per ClaimAnnualAggregate Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.AM Best's Rating for all policies is A/XII or greater.Umbrella Policy is follow-form and extends to underlying Policies:GL/Auto Liability/Employers Liability.RE:PSA19-509TRAN,AEDS Fire Station #4 --The City of Carlsbad,its directors,officials,officers,employees,agents and volunteers are named asadditionalinsuredasrespectsgeneralandautoliabilityasrequiredperwrittencontractoragreement.CANCELLATION:30 day Notice of cancellation will begiventothecertificateholder. 30 Day Notice City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesPOBOX4668-ECM #35050NewYorkNY10163-4668 SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.20020006460214717644816Policy Number: 6021471764 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Businessowners Liability Conditions Duties In The Event of Occurrence,Offense,Under ,the condition entitled Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.D.2.Except as provided for in paragraph below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.Other InsuranceWithrespectonlytotheinsuranceprovidedbythisendorsement,the condition entitled of the BUSINESSOWNERS COMMON POLICY CONDITIONS 2.3.is amended to delete paragraphs and and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.Business LiabilityWhenthisinsuranceisexcess,we will have no duty under insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.Transfer of Rights of Recovery Against Others to Us BUSINESSOWNERS COMMONTheconditionentitledofthe POLICY CONDITIONS 2.is amended to deleted paragraph and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WC 6 46298509 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 45 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Policy Effective Date: 04/01/2017Endorsement Expiration Date: © Copyright CNA All Rights Reserved. PSA 19-509TRAN AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR FIRE STATION NO. 4 ADDITION WLC ARCHITECTS, INC. GREEMENT is made and entered into as of the \ l\.;tY\.,-day of --~....,._.,w.L--"'--"'-.L.:....11...F:....,::_--, 2018, by and between the CITY OF CARLSBAD, a municipal "City"), and WLC ARCHITECTS, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in architectural and engineering design services. B. Contractor has the necessary experience in providing professional services and advice related to architectural and engineering design services for expanding a fire station. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of eighteen (18) months from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional six (6) months periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred and twenty-five thousand, nine hundred and twenty dollars ($225,920). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fifty thousand dollars ($50,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 September 11, 2018 Item #4 Page 6 of 42 PSA 19-509TRAN 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus City Attorney Approved Version 6/12/18 2 September 11, 2018 Item #4 Page 7 of 42 PSA 19-509TRAN line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 6/12/18 3 September 11, 2018 Item #4 Page 8 of 42 PSA 19-509TRAN maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Steven Stewart Title Municipal Projects Manager Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7543 For Contractor Name Kelley Needham Title Principal Address 8163 Rochester Ave, Ste 100 Rancho Cucamonga, CA 91730- 0729 Phone No. 909-987-0909 Email kelley@wlcarchitects.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 September 11, 2018 Item #4 Page 9 of 42 PSA 19-509TRAN 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes IZ! No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would b~ of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 September 11, 2018 Item #4 Page 10 of 42 PSA 19-509TRAN under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 September 11, 2018 Item #4 Page 11 of 42 PSA 19-509TRAN 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WLC ARCHITECTS, INC., a car corporation .:?r~~7"-.. ere) ~,\~~~ (print name/title)/ CITY OF CARLSBAD, a municipal corporation of the State of California By~ 111/L ~Hai.Mayor If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney I~ BY: -~~~::::::=::=:=~~~- Deputy City Attorney City Attorney Approved Version 6/12/18 7 September 11, 2018 Item #4 Page 12 of 42 PSA 19-509TRAN EXHIBIT "A" SCOPE OF SERVICES Architectural and Engineering Services for Fire Station No. 4 Addition service Task 1; Pceconstryctjon Seryjces Task 1.1 As-built Conditions Evaluation Review structural evaluation, as-built documentation and existing drawings and physically inspect the condition of the building, to understand the current condition of the structure, roof, HVAC, lighting and electrical power capacity and load. The renovation design must take into consideration the fact that the building must comply with the California Essential Services Building Seismic Safety Act. Task 1.2 Schedule Develop a project schedule for review with the city's Municipal Project Manager. Project schedule should have city planning, permitting, preconstruction and construction milestones. Interruptions to firefighting procedures and relocation, as needed, should be taken into consideration. Task 1.3 Preliminary Construction Cost Estimate Develop an estimate of probable construction cost and identify any recommended refinements or modifications that can be incorporated into the final bid documents to ensure that the projects can be constructed within the established budget. Task 1.4 Conditional Use Permit Conduct civil and environmental engineering studies and reports as necessary per city guidelines and complete a Conditional Use Permit for the project with a schematic level design. Task 1.5 Schematic Design Develop a schematic level design process that is based on the building structural evaluation in Task 1.1 above, site inspection work and user group input. Schematic drawings shall be submitted to the City for review at periodic stages of completion and incorporate the use of the city's title block standard. The drawings shall be submitted electronically in PDF format for review by the city's project team. Service Task 2: Design Development Task 2.1 Construction Documents Upon city approval of schematic design drawings, develop the design and construction documents inclusive of technical specifications. Construction drawings shall be submitted to the City for review at 75%, 90%, and 100% completion levels using the city's title block standard. The drawings shall be submitted electronically in PDF format for review by the city's project team at each completion level and when final version is approved, Consultant shall make appointment with city for design review and 3rd party plan check per directions on city website. During design review, Consultant shall incorporate additional edits required. Once design City Attorney Approved Version 6/12/18 8 September 11, 2018 Item #4 Page 13 of 42 PSA 19-509TRAN drawings are approved by city and 3rd party plan check, an electronic submittal of the 100% drawings in .pdf format shall be made. The City will develop and submit the "front end" (e.g., Invitation to Bid, General Provisions) of the bid document package to the Consultant for review and comment. Technical specification sections in Master Specification format shall be prepared by Consultant and submitted with 90% and 100% drawing submittals. All specification submittals shall be made electronically in Microsoft Word format, the most current version held by the City. Task 2.2 Furnishings, Fixtures & Equipment (FF&E) The Consultant shall identify FF&E for the facility, including any items recommended to be procured outside of the construction contract. FF&E materials shall be identified in the technical specifications. Task 2.3 Construction Cost Estimate Refine the preliminary cost estimate developed in Task 1.3 as design is developed. Recommended refinements or modifications that can be incorporated into the final design documents to ensure that the project can be constructed within the established budget. Provide this cost estimate with the 75% and 90% construction drawing submission. Task 2.4 Bidding Phase Provide pre-construction management and administration support services during the project bidding phase, which includes, but is not limited to, pre-bid meeting attendance with city's Municipal Project Manager, answering questions from bidders as necessary and preparing responses for addendums, and evaluation of contractor bids. Service Task 3: Construction Administration and Project Closeout Task 3.1 Contract Administration The Consultant shall be responsible for timely review and return of submittals, shop drawing and Request(s) for Information (RFI}, and periodic site visits during to the course of the work to note progress of the work. Task 3.2 Contractor's Claims and Change Orders Assist the City's Municipal Projects Manager with negotiating all claims to an agreed contractor/consultant/city conclusion. Prepare written justification and cost estimates for each change that requires design modifications or clarifications, including revisions to the drawings, details and specifications. Provide support to the city in resolving claims and disputes. This shall include: written responses to Contractors and private parties, giving depositions, assisting with arbitration and litigation, serving as an expert witness, investigating claims for damages by private sources, design services for replacement of damaged work, and services made necessary by Contractor default. Task 3.3 Project Closeout Prepare a detailed project punch list when the construction work has been substantially completed . Upon correction of deficiencies, schedule, coordinate and conduct a final walk- through prior to the acceptance of work with the city. Review and certify that the contractor's project record drawings are complete and accurate. City Attorney Approved Version 6/12/18 9 September 11, 2018 Item #4 Page 14 of 42 PSA 19-509TRAN SCHEDULE OF SERVICES AND FEES Service Task 1 -Preconstruction and CUP $60,220 Service Task 2 -Desian Development $115,200 Service Task 3 -Construction Administration and Project Closeout $48,000 SUBTOTAL $223,420 Reimbursable Allowance $2,500 TOTAL NOT-TO-EXCEED FEE FOR SERVICES $225,920 City Attorney Approved Version 6/12/18 10 September 11, 2018 Item #4 Page 15 of 42 EXHIBIT A PSA19-509TRAN Scope of Services A. BASIC ARCHITECTURAL SERVICES The following is a list of the basic activities and services anticipated for your new project. The scope has been divided into the five phases typically associated with architectural services: 1. Schematic Design Phase The first and perhaps most important task during the Schematic Design Phase will be to establish and determine the best approach to the design of the primary systems in the project. The architectural program shall be developed. Alternative configurations shall be quickly explored in order to evaluate the best opportunities. A design concept shall be formulated in order to provide a sound basis for subsequent planning and design decisions to occur. The design concept shall be utilized to evaluate advantages and disadvantages of each potential alternative. Site and programmatic factors, aesthetic quality, cost, and other key factors related to the project shall be utilized in order to form the basis of an evaluation. Through a variety of informal meetings with the project committee, a schematic design concept shall be established. During the Schematic Design Phase for your project, the following tasks and deliverables been identified: A. Existing Conditions The condition of the existing facility will be evaluated by the design team. B. Master Site Plan A master site plan shall be prepared in order to describe all major site components and to illustrate the overall site planning concept for the project. All structures, parking areas, and circulation components shall be identified. Areas of future expansion and/or future phasing shall also be defined. C. Preliminary Floor Plan A preliminary floor plan shall be prepared. D. Exterior Elevations Exterior elevations shall be prepared to illustrate all major reviews of the project. Elevations shall be drawn to depict scale, character, architectural vocabulary, and shall be delineated to communicate the aesthetic qualities of the project. E. Schematic Design Opinion of Cost A preliminary opinion of construction costs shall be prepared and included with the summary report. F. Project Schedule A comprehensive project schedule shall be prepared. The project schedule shall include anticipated time frames for each phase of the project as well as any other milestones required by the City and Fire Department. Carlsbad Fire Station 4 Page 2 12 September 11, 2018 Item #4 Page 17 of 42 EXHIBIT A PSA 19-509TRAN 2. Design Development Phase After completion of the Schematic Design Phase, the design of the project shall be advancedinto more detailed refinement by initiating the Design Development Phase. Our Design Teamshall prepare design development documents consisting of drawings, outline specifications, design calculations, material/equipment submittals, fixture cuts, and a design development opinion of estimated construction cost. Architectural, structural, electrical, and mechanical systems shall be further detailed and analyzed. Preliminary drawings shall be prepared for each of these systems and options which may exist shall be evaluated. During the Design Development Phase, requirements for cabinets, casework, hardware, and related specialties shall be determined. A preliminary furniture plan shall be prepared indicating usage and furniture layout of every work station, office, and support space. Final selection of materials, textures, and colors shall occur. The Design Development Phase is essentially the time when preliminary design proposals are refined to a level of detail and developed to a state such that final construction documents can be initiated. The Design Development Phase is the time when all final decisions pertaining to the proposed project are evaluated and finalized. During the Design Development Phase, the following tasks and deliverables have been identified: A. Design Development Plans Design development drawings shall be prepared in order to fix and describe the size and character of the entire project including architectural, structural, mechanical, and electrical design features. A list of furniture, fixtures, and equipment will be developed and coordinated with the bid documents. B. Outline Specifications Outline specifications shall be prepared in order to identify and define the materials and system components selected for the project. Outline specifications shall be prepared in summary outline form based on CSI format. C. Basis of Design A technical manual shall be assembled to organize product literature and data for all materials, equipment, and fixtures selected for the project. D. Building Code Analysis Drawings, diagrams, and calculations shall be prepared based upon all applicable building codes having jurisdiction over the project. A preliminary occupancy and exiting plan shall be prepared to identify the type of construction, type of occupancy, required fire rating/separation, and location/number of exits required. E. Design Development Opinion of Cost An opinion of construction cost shall be prepared to reflect the scope and anticipated construction costs as reflected by the design development documents. F. Project Schedule An updated project schedule shall be prepared and submitted. Carlsbad Fire Station 4 13 Page 3 September 11, 2018 Item #4 Page 18 of 42 EXHIBIT A PSA 19-509TRAN 3. Construction Document Phase The final Construction Document Phase of the project generally consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates. Our proposal includes complete and comprehensive architectural and engineering services required to execute the entire project. Specifically, we have included the following disciplines: • Architectural • Civil Engineering • Structural Engineering • Mechanical Engineering • Electrical Engineering During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. During the Construction Document Phase final cost studies shall be prepared. A detailed opinion of construction cost shall be prepared at the point where final plans and specifications are approximately 50% complete. Once construction documents have almost been completed, a revised opinion of cost shall be prepared at the level of approximately 90% completion. Allowable construction costs will be consistently monitored during the entire process in order to minimize the possibility of requiring major refinement or modification due to budgetary limits. The following tasks are specifically proposed for the project: A. Construction Drawings Final construction drawings shall be prepared in order to describe and identify the spaces, sizes, volume, and location in detail for the construction of the project. B. Project Manual A project manual shall be prepared to include all instructions to bidders, bidding forms, general conditions, supplementary special conditions, and the construction trade sections for the project. The project manual provides detailed technical information pertaining to the administration of the contract for construction, materials and equipment to be furnished, acceptable manufacturers, and the requirements for executing the work. C. Final Design Calculations Final design calculations shall be prepared and submitted with the final plans and specifications for review and approval by governing agencies having jurisdiction over the project. Structural calculations, hydrology/drainage calculations, and mechanical/electrical (Title 24 Energy Compliance) shall be completed during this phase. Carlsbad Fire Station 4 Page 4 14 September 11, 2018 Item #4 Page 19 of 42 EXHIBIT A PSA 19-509TRAN D. Opinion of Cost A detailed opinion of construction costs shall be prepared at the point where plans and specifications are approximately 50% complete. A second cost opinion shall be prepared at the 90% completion point in order to address any refinement or modification occurring during the preparation of the construction documents. The cost opinion shall be prepared utilizing specific area and quantity take-offs applied to labor and material cost, and shall include allowance for general conditions, Contractor's profit and overhead, and contingencies. E. Final Plan Check All final plans, specifications, and supporting calculations shall be submitted to appropriate agencies having jurisdiction over the project. The final construction documents shall be revised and amended in order to reflect any plan check requirements, and at this time, construction documents will be ready for competitive bidding. 4. Bidding Phase During the Bidding Phase, the Architect shall provide administrative support services to assist the City in obtaining competitive bids for the proposed project. Notices Inviting Bids shall be distributed to local construction plan rooms. The Architect shall respond to any questions, clarifications, or conflicts which may arise in the form of written addenda to the contract documents. At this time, requests for substitutions may be considered if allowed by the contract documents. The Architect shall assist the City with an evaluation of the bids received and make a recommendation for award of the contract for construction. The following services for the Bidding Phase of the project are proposed: A. Bidding Procedures and Administration The Architect shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Architect. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. B. Evaluation of Bid Proposals Upon receipt of all bid proposals, a review and evaluation shall be conducted by the Architect. The completeness of each bid proposal shall be evaluated whenever consideration exists to award to the proposing contracting entity. The completeness of the bid proposal, proposed subcontractors, affidavit of signature and other special bid proposal requirements shall be reviewed by both the City and the Architect. C. Notice to Award Construction Contract Upon the completed review of appropriate bid proposals, the Architect shall provide a recommendation for consideration regarding the potential award of the contract for construction. Carlsbad Fire Station 4 Page 5 15 September 11, 2018 Item #4 Page 20 of 42 EXHIBIT A PSA 19-509TRAN 5. Construction Administration Phase The Architect shall conduct job site meetings at two week intervals in order to generally review and evaluate the construction schedule, monitor weekly performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the Architect for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Contractor's pay requests shall be reviewed by the Architect on a monthly basis in accordance with the amount of work completed and in accordance with the contract documents. At every job site meeting, minutes shall be prepared, published and distributed by the Architect to all parties concerned, specifically noting current action items and related responsibilities. Upon completion of the Construction Phase the Architect shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared. During the Construction Phase of the project, the following services shall be furnished: A. Preconstruction Conference A preconstruction conference shall be organized and conducted by the Architect to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the Fire Department, the Architect, the Contractor, and all major subcontractors. B. Job Site Meetings Job site meetings at two week intervals shall be scheduled and conducted by the Architect for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Architect shall publish and distribute a field report for each job site meeting, documenting the progress of construction and specifically noting current and delinquent action items. C. Submittal and Shop Drawing Review The Architect shall review all required shop drawings and related submittals as required by the contract documents. D. Project Closeout At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Architect to all parties concerned, specifically noting required corrections, non-conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. E. Record Documents A set of final record documents will be created from the Contractor's as-built drawings. Carlsbad Fire Station 4 Page 6 16 September 11, 2018 Item #4 Page 21 of 42 EXHIBIT A PSA 19-509TRAN 8. SITE SPECIFIC SERVICES The following items are not typically found in the basic scope of architectural services. Based on the specifics of your site and our experience with projects of this type, we believe the following additional services will also be required: A. Topographical Survey A complete on-site Topographical and Boundary Survey shall be furnished by the Design Team. The size, area, and overall configuration of the site area shall be accurately defined noting all existing conditions, improvements, utilities, and adjacent relationships. B. Geotechnical Investigation A Geotechnical Investigation shall be furnished by the design team. The soils report shall be reviewed in order to determine existing soils conditions, soils characteristics, water table relationship to known seismic faults, and overall soils suitability for the proposed project. Specific recommendations shall be made for soils preparation related to the construction of footings, foundations, slabs, and various pavement sections. C. Hazardous Material Survey A survey of each existing facility will be conducted in order to determine the presence of asbestos, lead, and miscellaneous toxic materials. D. Environmental Engineering/CUP Task 1: Categorical Exemption The exemptions that will likely be applicable to the proposed project is Class 1 (Minor Alteration of Existing Structures) CEQA Guidelines Section 15301, Class 1 consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Examples include but are not limited to Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less, or 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. Task 1.1: Draft Categorical Exemption Administrative Draft: Chambers Group will determine the appropriate Categorical Exemption fo the proposed project per Article 19 of the CEQA Guidelines and will prepare the supporting statements and required forms for filing of the Categorical Exemption. Carlsbad Fire Station 4 Page 7 17 September 11, 2018 Item #4 Page 22 of 42 EXHIBIT A PSA 19-509TRAN Prepare an Administrative Draft NOE, including an attachment which details the following: • Project Location • Existing Conditions • Description of Project • Applicability of Exempt Status • Analysis of the Applicability of Exceptions to Exemptions • References Deliverables: One (1) hard copy and one (1) electronic PDF copy of the Administrative Draft Categorical Exemption for City review. Task 1.2: Final Categorical Exemption Prepare/Distribute Categorical Exemption: After receipt of one set of integrated comments on the Administrative Draft Categorical Exemption from the City, Chambers Group will revise the Categorical Exemption accordingly. Chambers Group will file the Categorical Exemption with the State Clearinghouse and the County Clerk. Deliverables: Three (3) hard copies and one electronic PDF copy of the Categorical Exemption will be provided to WLC. Once final, one (l) Categorical Exemption to be filed with the OPR and the County Clerk. Task 2: Coastal Development Permit Waiver Task 2.1 : Draft CDP Waiver Chambers Group will draft a request for a Coastal Development Permit (CDP) De Minimus Waiver that will outline the Applicant, Location, Proposed Development, Background, Project Description, and Rationale for why the proposed development will not adversely impact coastal resources, public access, or public recreation opportunities and is consistent with past Commission actions in the area and the policies in Chapter 3 of the California Coastal Act. Task 2.2: Final CDP Waiver After receipt of one set of integrated comments on the Draft CDP Waiver from the City, Chambers Group will revise the CDP Waiver accordingly. Chambers Group will submit the CDP Waiver to WLC for submittal to the City. Deliverables: Three (3) hard copies and one electronic PDF copy of the CDP Waiver will be provided to WLC. Carlsbad Fire Station 4 Page8 18 September 11, 2018 Item #4 Page 23 of 42 EXHIBIT A PSA 19-509TRAN Fee Breakdown Your contract with WLC will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. WLC is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City and Fire Department to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Site Specific Fees C. Total Fee D. Fee Structure E. Reimbursables F. Items Excluded G. Hourly Rate Schedule A description of each component is as follows: A. BASIC ARCHITECTURAL FEE Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines: • Civil Engineering • Architectural Design • Structural Engineering • Mechanical Engineering • Electrical Engineering For the purposes of establishing a fee, we have assumed a construction budget of $1 ,600,000.00. The fee will be adjusted to correspond to any increases in the project scope/budget. A breakdown of our proposed fee is as followed: PHASE OF SERVICE Schematic Design Design Development Construction Documents Bidding Construction Administration SUBTOTAL BASIC ARCHITECTURAL FEE Reimbursable Allowance TOTAL BASIC ARCHITECTURAL FEE Carlsbad Fire Station 4 19 FEE $ 28,800.00 19,200.00 96,000.00 9,600.00 38,400.00 $ 192,000.00 2,500.00 $ 194,500.00 Page 9 September 11, 2018 Item #4 Page 24 of 42 EXHIBIT A PSA 19-509TRAN B. SITE SPECIFIC FEES The following items are unique to each site and not typically found in the basic scope of architectural services. Based on our experience and interpretation of the information available, we believe the following services will also be required: TASK Geotechnical Report Hazardous Material Assessment Topographical Survey CUP /Environmental Engineering TOTAL SITE SPECIFIC FEES C. TOTAL FEE The following is the total of all fees: SERVICE Basic Architectural Services Site Specific Services TOTAL FEE D. FEE STRUCTURE The total fee will be structured in phases as follows: PHASE OF SERVICE Task 1 -Preconstruction Services CUP/Environmental Engineering Geotechnical Report Hazardous Material Assessment Topographic Survey Schematic Design Task 2 -Design Development Design Development Construction Documents Task 3 -Bidding and Construction Bidding Construction Administration SUBTOTAL REIMBURSABLE ALLOWANCE TOTAL FEE Carlsbad Fire Station 4 20 $ $ $ s FEE $ 13,000.00 4,000.00 10,000.00 4,420.00 $ 31,420.00 FEE $ 194,500.00 31,420.00 $ 225,920.00 FEE 4,420.00 13,000.00 4,000.00 10,000.00 28,800.00 19,200.00 96,000.00 9,600.00 38,400.00 223,420.00 2,500.00 225,920.00 Page l 0 September 11, 2018 Item #4 Page 25 of 42 EXHIBIT A PSA 19-509TRAN E. REIMBURSABLES Items required or requested by the City, Fire Department, or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: 1. Bulk paper copy. 2. Printing/Mylars. 3. Express or overnight mail/courier service. F. ITEMS EXCLUDED The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: 1. Items not specifically indicated in our scope of work. 2. Landscape Architecture. 3. Foundation Systems: Our fee assumes typical spread footings in average soil conditions. Any other type of foundation system would not be considered within our scope of work. 4. Any and all documentation related to storm water quality or quantity for the development of this project. This includes, but is not limited to the preparation of the following new or revised reports and related drawings: Drainage Study, Hydrology Study, Water Quality Management Plan (WQMP), Hydromodification Plan, and Storm Water Pollution Prevention Plan. Carlsbad Fire Station 4 Page 11 21 September 11, 2018 Item #4 Page 26 of 42 EXHIBIT A PSA19-509TRAN G. HOURLY RATE SCHEDULE For additional services, the following hourly rates are proposed for the basis of negotiating scope modifications which may be necessary for the project. Hourly rates include mark-up that will be applied to all fees. Reimbursable costs for reprographic services, computer plotting, and printing will be negotiated at the time additional services are requested. CIVIL ENGINEER Principal Civil Engineer Principal Land Surveyor Project Engineer Project Manager Engineering Design Design Draftsman Draftsman Technical Support ARCHITECT Principals of Firm Associate Principal/Director Associate/Coordinator Senior Project Architect Senior Project Manager Project Architect Project Manager Technical Level I Technical Level II Technical Support STRUCTURAL ENGINEER Principal Engineer Project Engineer Chief Draftsman Draftsman Technical Support Carlsbad Fire Station 4 $150.00 $150.00 $120.00 $105.00 $105.00 $100.00 $ 95.00 $ 80.00 $240.00 $210.00 $210.00 $190.00 $190.00 $160.00 $160.00 $110.00 $110.00 $ 90.00 $175.00 $150.00 $110.00 $ 90.00 $ 75.00 22 ELECTRICAL ENGINEER Principal Project Manager Project Engineer Design Engineer Designer/CA DD Technician Jr. Designer/CA DD Technician CA DD Technical/Drafter Technical Support MECHANICAL ENGINEER Principal Associate Principal Senior Project Manager Project Manager Senior Project Engineer Project Engineer Senior Design Engineer Design Engineer Senior Designer Designer CAD Designer CAD Technician Administrative Word Processor ENVIRONMENTAL Senior Director Director/Program Manager Senior Project Manager Project Manager Project Controls Specialist Project Assistant/Tech. Editor Word Processor Clerical/Technician $175.00 $135.00 $125.00 $ 95.00 $ 90.00 $ 80.00 $ 70.00 $ 50.00 $225.00 $205.00 $195.00 $185.00 $170.00 $150.00 $135.00 $125.00 $115.00 $105.00 $100.00 $ 80.00 $ 75.00 $ 65.00 $210.00 $193.00 $155.00 $131.00 $ 85.00 $ 79.00 $ 68.00 $ 55.00 Page12 September 11, 2018 Item #4 Page 27 of 42 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 8/6/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:?cT Marie Swanev Dealey, Renton & Associates ~.~~N,_t C-"· 626-844-3070 I FAX 790 E Colorado Blvd, #460 IA/C Nol: Pasadena, CA 91101 E-MAIL mswaney@dealevrenton.com ADDRESS: Lie #0020739 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Berklev Insurance Companv 32603 INSURED 'M.CARCHIT INSURER B: Valley Foroe Insurance Companv 20508 WLC Architects, Inc. INSURERC: Continental Casualtv Companv 20443 8163 Rochester Ave., Suite 100 Rancho Cucamonga, CA 91730 INSURER D : National Fire Insurance Co of Hartford 20478 909 987-0909 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2078963245 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••~n .. n,n POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6021471764 4/1/2018 411/2019 EACH OCCURRENCE $1.000,000 -0 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES (Ea occurrence l $1,000,000 X Contractual Uab -MED EXP (Any one person) $10,000 ~ XCU lnlcuded PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R POLICY 0 ff& DLOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY y y 6021471764 4/112018 41112019 COMBINED SINGLE LIMIT $1,000,000 (Ea accidentl ~ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident} $ >-----$ C X UMBRELLA LIAB M OCCUR y y 6045326486 41112018 41112019 EACH OCCURRENCE $5,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 OED I X I RETENTION$ 1n nnn $ D WORKERS COMPENSATION y 6046298509 41112018 41112019 X I ~'ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Professional Liability AEC901989602 41112018 41112019 $2,000,000 Per Claim $4,000,000 Annual Aggregate / DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no companfc vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. AM Best's Rating for all policies is A/XII or greater. Umbrella Policy is follow-orm and extends to underlying Policies: GL/Auto Liability/Employers Liability. RE: PSA19-509TRAN, AEDS Fire Station #4 --The City of Carlsbad, its directors, officials, officers, employees, agents and volunteers are named as additional insured as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. CANCELLATION: 30 day Notice of cancellation will be given to the certificate holder. CERTIFICATE HOLDER CANCELLATION 30 Dav Notice SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 AUTHORIZED REPRESENTATIVE New York NY 10163-4668 ~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD iiiiiia -!!!!!!!! !!!!!!!! - = ~NA Policy Number: 6021471764 S81469688 (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products-completed operations hazard", and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright, CNA All Rights Reserved. S81469688 (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph 0.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom ou have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. S81469688 (6-16) Page 2 of 2 Copyright, CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement II BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One -Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE -Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11 -1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 333 S Wabash Ave, Chicago, IL 60604 c Copyright CNA All Rights Reserved. Policy No: WC 6 46298509 Policy Effective Date: 04/01/2017 Policy Page: 32 of 45